Discharging Joint and Several Liability upon Divorce in Leiden
Joint and several liability means that as an ex-partner in Leiden, you remain legally liable for the debts of your former partner, as if they were your own. After a divorce, this can place a heavy financial burden. Fortunately, you can apply for discharge under certain conditions. This article discusses the procedure, relevant laws and steps, with local considerations for Leiden.
What does joint and several liability entail?
With joint and several liability, you act as surety for someone else's debts, such as a joint mortgage or loan during the marriage. This continues to apply even after separation, unless you actively obtain discharge. In Leiden, this is often seen with mortgages on former family homes.
Example: a mortgage on your ex-family home in Leiden. Both parties are jointly and severally liable for repayment and interest, even if you live elsewhere and your ex misses payments.
Legal basis for discharge
Regulated in Civil Code (CC) Articles 6:109 and 6:110, plus divorce rules on debt division. In Leiden, such cases are handled by the District Court of The Hague, Leiden Location (Vlietweg 18).
Article 6:109 CC
You can obtain discharge by:
- Written request to the creditor (e.g., bank).
- Consent or no objection within 14 days.
Article 6:110 CC
No response? Apply for discharge from the court in Leiden. It will be granted unless there are compelling reasons otherwise.
Divorce and debts in Leiden
In a divorce settlement agreement or via the court, debts are divided. Discharge is not automatic; it depends on your specific situation. Consult the Legal Aid Office Leiden (Stationsweg 46) for free advice.
Step-by-step guide with local tips
Example: joint mortgage on a property in Leiden-Noord. Ex no longer pays.
- Written request to the bank (letter/email).
- Wait 14 days: no response = discharged.
- Objection? Procedure at District Court of The Hague, Leiden Location.
Also applicable to car loans or other joint debts.
Overview of rights and obligations
Overview for clarity:
| Rights of ex-partner | Obligations of ex-partner |
|---|---|
| Divide debts via settlement agreement. | Pay debts (or agree otherwise). |
| Apply for discharge of joint and several liability. | Inform creditor of divorce. |
| Draft settlement agreement with debt division. | Comply with agreements in settlement. |
Tip for Leiden: Contact Legal Aid Office Leiden for help with letters or procedures. Address: Stationsweg 46. Or start at District Court of The Hague, Leiden Location for court applications.